3 6. That, in its report of October 8, 2007, the State indicated that the Court had “repeat[ed] its erroneous opinions concerning the Venezuelan State by deciding once again to maintain the provisional measures in favor of Carlos Nieto Palma. If there were no juridical reasons [to issue the Order of the Court] in 2006, there were even less in July 2007.” It added that Carlos Nieto Palma had stated that “the threats against him had ceased.” In addition, it indicated that the beneficiary insisted that “the Prosecutor’s Office was harassing him, [whereas, to the contrary] […] that Office is trying to comply with its obligations, which consist in clarifying the facts in order to identify those who are guilty and punish them” (supra fourth having seen paragraph). 7. That the State had indicated that the Commission contradicted itself when it “insisted that the investigation into the facts was a necessary element for the elimination of the danger,” which the State agreed with; “but, when the Prosecutor’s Office required the collaboration [of the beneficiary] in order to identify the supposed police agents, the latter considered that [the Prosecutor’s Office] was harassing him” (supra fourth having seen paragraph). 8. That, as regards allowing the beneficiaries to take part in the planning and implementation of the measures and keeping them informed about their progress and implementation, the State reported that, under Venezuelan law, the Thirty-fourth National Prosecutor’s Office with full jurisdiction attached to the Attorney General’s Office (Ministerio Público) (hereinafter “Prosecutor’s Office No. 34”) summoned Carlos Nieto Palma to a meeting with the officials responsible for complying with the provisional measures. The meeting was held on March 14, 2008, when it was agreed: (a) that the officials responsible for complying with the measures would visit Carlos Nieto Palma’s house at 7.00 p.m.; (b) to notify the chairman of the board of the condominium apartment building where Carlos Nieto Palma resides so that he would provide the necessary collaboration to the police authorities who would comply with the measures; (c) that a record of the communication between Mr. Nieto Palma and those responsible for complying with the measures would be drawn up, and (d) that, should Mr. Nieto Palma be absent at the time agreed for the visit, the official record would be signed by his mother, Ivonne Palma Sánchez, and, should she be absent, by the concierge of the condominium. 9. That, in relation to the information provided by Carlos Nieto Palma regarding the total non-compliance with the visits agreed upon as measures of protection, in its report of October 8, 2007, the State indicated that it was impossible to comply with the measures because of the beneficiary’s lack of collaboration. In addition, it indicated that the Protection Act for Victims, Witnesses and other Procedural Subjects had been promulgated and published in Official Gazette No. 38,536 of October 4, 2006. Also, on July 11, 2008, the State reported that, as agreed on March 14, 2008, the protection measures consisted in visiting the beneficiary’s residence, and the Metropolitan Police were still carrying out these visits. Regarding the threats that Mr. Nieto Palma had alleged on May 12, 2008, it indicated that the Commission had not provided details of how the visit by the Metropolitan Police officials on that date constituted an act of intimidation; moreover, it could not understand why the said visit might constitute an act of harassment. In this regard, the State indicated that it knew nothing about these facts, or about the communication in which the beneficiary reported them. 10. That the State also advised that: (a) on May 20, 2008, the Eighth Prosecutor’s Office of the Judicial District of Caracas attached to the Attorney General’s Office, headed by the lawyer, Orlando Villamizar, had ordered the opening of the investigation to clarify the facts “relating to the alleged fifty-two (52) visits carried out by Metropolitan Police officials; (b) on February 10, 2008, the Metropolitan Police Corps was transferred to the National

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